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If I was injured at work but was transferred to another

Customer Question

state and reported injury in...

If I was injured at work but was transferred to another state and reported injury in timely fashion...Company did not mandate a pre injury drug test...upon my return back to California after working in Massachusetts for 8 months first day back I had an altercation with new hot director because she revolted my parking space and demanded me to park at hotel and take shuttle to work...I had the parking space for 6 years I never was asked by anyone to do such thing...I did not agree with her and walked out...meeting with boss determined to give me time to settle in and hr director Became a person of retaliation...wrote me up and booted my vehicle because I was asked to will call parts and asked to come in 2 hours before my start time I parked inside facility and was able to set my clock to remind me to relocate myVehicle at hotel with in desired times I was unstable to do so and let my boss know that I was unable to move my vehicle due to production mechanical needs hr lady wrote me up without hesitating to figure out what was going on....I felt hr director was retaliating against me prior to me walking out on her with out her being able to punish me for that behavior.......Hurt second time 4 months after settling in and adapting to new policies and to new hr personnel that has changed 2 times in less than a year prior to hr director I was allowed to continue to park in my space without being harassed or threatened to be written up if new hr director catches me parking inside faculty......Back to second injury.....Report in timely fashion and was treated but this time was asked to perform a mandatory pre work injury drug test requested by ht director....Is this person out to get me out? She has been a real pain and not even has consitored in offering a raise in pay for 6 years now....No raise.....

Submitted: 1 year ago.Category: Employment Law

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Customer reply replied 1 year ago

I apologize for the typos in all honestly I didn't mean to type (hot) director I meant HR

Any injury you sustained through work should be compensated under the Workers' Compensation laws once you submit a compliant; if you haven't yet submitted a claim then you should think about doing so.

You can file a claim here with the department of industrial relations:

https://www.dir.ca.gov/dwc/FileAClaim.htm

In relation to your employer's conduct after you came back to California from MA this may amount to a breach of contract, and unlawful discrimination after filing a workers' compensation claim.

This may also amount to constructive dismissal contrary to your labor contract.

You will need to review your contract and employee manual to see if the director's policy in relation to parking and others is in breach of your implied contract.

If you have a copy of your contract you can send it through the site for me to review.

We are here to help.

Please follow up with me when you need further clarification or would like your employment contract reviewed.

In return remember to rate positively today.

As I'm not an employee of justanswer I rely on your positive feedback.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 1 year ago

Was injured at work outside of the facility in 113 degree weather....Job was to move a new refrigerator inside a rented trailer.....and install inside trailer using a forklift by raising and tilting unit on side, using man power to push into trailer.......Help was requested but help was taken away to facility production as not planned ....I requested additional help and was denied because of Invetory inside warehouse.....I was told by 2 women qa employees that they can assist...I instructed one to be infront of fridge to guide the unit through the door while I was assisted by the other women to help push unit.....We began to push unit and the lady guiding fridge did not make the other lady and myself aware that fridge was not lined up through door way as I pushed my hand that was protected by rubber gloves the top of hand slipped and I lost my grip my right forearm caught the edge of thecorner unit and I was severely cut on my right forearm. I was in shock I was bleeding profusely my cut was exceptionally deep ..I immediately ripped shirt off and wrapped around arm with tons of blood everywhere...again it was 113 hot weather.....I started my shift an hour early for this unit to be moved and safely uplifted inside proper location....because I was being pressured to have this job task complete...I wasnt aware that I could be helped it's was like nobody wanted to help.. due to other assignments....I was officially asked to move this by myself and was not given proper assistance....I made boss aware of my early arrival and clock in as per requested and he approved my early start time......I immediately reported injury as I was in shock....was taken to clinic by a guy from warehouse where they immediatly assisted me too have cut looked at ...after review it was determined in redirecting my injury to relocate to another location for surgery and further inspection of nerve damage....I was given a shot in my rear and was given pain killers to eleminate the escrutiting pain from the cut...they cleaned and wrapped in temporary ace bandage and said to wait in lobby for someone to come pick me up to transport me to surgery to different location....15 min went by and I was called back inside clinic and was totally treated differently....they said it's ordered to obey the nessasry request as per my employer wanting to perform a mandatory drug and alcohol related test... I was pretty appalled by this because it seemed out of context since I was never asked to test the two times in MA..wanted to just do what I had to do because my arm was ripped opened and I was still in shock....I excepted the request to obey by employers policy ...I was told I would have results immediately so first I blew breath test and was told I passed test and during my attempt to calm my nerves because of my arm I was having complications to provide enough urine to satisfy lady and unable to urinate to specific mark...I brought to attention that I was not feeling well and that I didn't think I could attempt to urinate...she said if I didn't take the drug test it would be an automatic failed attempt...I asked lady for water and she provided water but only 2 cups of water and a few more drinks from water fountain ..took 5 failed tries until I urinated appropriately and about 3 hours later....I asked if I passed she said yes I signed piss cup and was taken to surgery to another location to finally have my traumatic engery properly treated.....1:30pm injured time 4:30 treated 7:30pm surgery after all was done lots of stitches and ubered back to vehicle 9pm notified by surgeon that I was off 1 week paid......I stayed home next day was supposed to be in 2pm-10:30 off Sunday and Monday start 6am-2:30 was called by employer and asked why I did not report to work duty Saturday and Monday I had no idea that I was expected to work with stitches inside arm pain was horrible I then told employer I thought I was off for a week employer denied to receive actual paper work and was misreading the returning to work modified duties....I was threatened that I would be written up for no show first two days...I contacted boss to request to use my sick time to compensate Tuesday shift 6am -2:30 I was approved Wednesday shift I was off and Thursday I requested again to use time to take off but only had 1 hour sick time rest of the hours lost...I told boss I was scheduled for update appointment with surgeon Friday at 11am and my shift start 2pm-2:30 after appointment I made aware I was going to be working normal shift Friday....Thursday night called by 2 way from boss and HR lady said flag had been lifted and I was officially suspended until further lab test of urniation.........I was told to not come into work and only Friday I had to pick my check up so I drove 2hours to work to pick check up and was asked to stay and sign papers..I apologized and left..I had to make appointment ..was told stitches will need another week .. I returned to work to sign papers...

Thank You for your follow up . In relation to your injuries you need to file a workers' compensation claim with your employer. Injuries over and above your claim for worker's compensation and not satisfied in your damages amount may be pursued in civil court against your employer.

You can file a claim here with the department of industrial relations:

https://www.dir.ca.gov/dwc/FileAClaim.htm

remember to rate positively today.

As I'm not an employee of justanswer I rely on your positive feedback.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).